| People v Jean (Andre) |
| 2018 NY Slip Op 51303(U) [60 Misc 3d 141(A)] |
| Decided on September 14, 2018 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Felicia A. Mennin, J., at plea; Joanne B. Watters, J., at sentencing), rendered October 13, 2017, convicting him, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Felicia A. Mennin, J., at plea; Joanne B. Watters, J., at sentencing), rendered October 13, 2017, affirmed.
The accusatory instrument was not jurisdictionally defective. It charged all the elements of aggravated unlicensed operation of a motor vehicle in the third degree (see Vehicle and Traffic Law § 511[1][a]). Allegations that the "key was in the ignition, the engine was running and the defendant was behind the wheel" satisfied the operation element of the offense (see People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.